An assigned parking space is a very important aspect of condominium living.

Those who are first to buy a unit from developer, or pay extra for a premium parking space, receive the most sought after parking spaces. Most declarations of condominium deem assigned parking spaces as limited common elements. Once a parking space is assigned to a unit, it is reserved for exclusive use of that unit owner and transfers with title to the unit. As you can imagine, some of the best parking spaces hold a significant value and therefore owners often want the ability to sell, buy, transfer, or exchange parking spaces.

Fortunately, the Condominium Act provides authority and a method for transferring use rights with respect to limited common elements, such as parking spaces. Section 718.106(2)(b), Florida Statutes, states that owners may transfer their exclusive right to use limited common elements provided the declaration grants unit owners such right and the transfer conforms with the procedures set forth in the declaration. If your declaration does not provide authority to transfer limited common element use rights, the association can adopt an amendment allowing owners to transfer parking spaces and set forth a procedure to accomplish the transfer.

It is important that the declaration addresses the intricacies involved with these type of transfers. For example:

Is board approval required?

What are the limitations or conditions imposed?

Can you transfer a parking space assignment if you are delinquent in maintenance payments?

Can you buy a new parking space assignment if you owe money to the association?

Who has to sign off on the transfer?

Is the transfer document recorded in public records?

These issues, and others, should be discussed with legal counsel. Provided the declaration addresses the relevant legal and practical issues and implications associated with limited common element transfers, the ability for owners to transfer parking spaces can have a positive impact on your association.

Comments (2 Comments)

Let’s say my nother doesn’t drive (just an example) and she sells her parking space to a neighbor who needs another space. What happens when she passes on and her heirs either want to sell or occupy her unit under this law?

The answer is no the vast majority of the time. First, the common element use right (the right to have a dedicated space) is the appurtenance to the unit which CANNOT be separated from the unit itself. The actual space assigned can be “swapped out” with someone else, but you cannot remove the right to a space from the bundle of rights afforded that unit owner (or future owner).

Advertisement

DONNA DIMAGGIO BERGER is a Shareholder with the law firm of Becker & Poliakoff. She has represented all types of shared ownership communities throughout Florida over the last two decades and has worked closely with the Legislature to shape the laws that govern private residential communities.

LISA MAGILL is a shareholder in Becker & Poliakoff's statewide Community Association Law practice group. She has been a leader of and active in various organizations dedicated to community association issues, especially outreach and education.

LINDSAY RAPHAEL a partner with Tripp Scott, focuses her practice on condominium and homeowners association matters, as well as property financing and transaction counsel to buyers, sellers, lenders and developers of residential and commercial real estate. She is a regular contributor to Condo Management Magazine.

JEAN WINTERS has focused on representation of both community associations and homeowners living in associations since 2006. She is a partner at Winters & Winters, P.A. The firm has more than 30 years of combined experience in real property law.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information provided may not apply to your specific factual or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.